2026 (3) TMI 451

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....or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioners' case and after going into the validity and legality thereof, to quash and set aside condition of Bank Guarantee imposed by the Respondent No. 4 in its Order for provisional release of goods dated 12.01.2026 (Exhibit "A"); (b) this Hon'ble Court be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction the Respondents by themselves, their subordinate, servants and agents under Article 226 of the Constitution of India ordering and directing the Respondents to provisionally release the impugned boat by accepting the payment of differential AIDC amo....

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....hat pending the hearing and final disposal of this petition, this Hon'ble Court be pleased to direct the Respondents by themselves, their officers, subordinates, servants and agents to (i) provisionally release the imported boat and (ii) refrain from acting upon or taking any further steps or proceedings in pursuance of and/or in furtherance of the Show Cause Notice No. 1757/ 2025-26/ ADC/ GR.VB/NSV/ CAC/JNCH dated 03.01.2026 issued by the Respondent No. 2 (Exhibit "L");" 2. On 17th November 2025, the Petitioner imported an excursion boat from Sri-Lanka under CTH 8901 by claiming the benefit of 100% duty exemption stated to be available under Indo-Sri Lanka Free Trade Agreement (ISFTA). On 27th November 2025, the boat imported by the....

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....etitioner has drawn our attention to paragraph No. 30 wherein the calculation of the differential duty with ISFTA benefit made as follows:- Assessable value of the Boat 1,60,86,052.30 Duty (INR) BCD Duty 0% 0 AIDC 7.50% 12,06,453.92 IGST 40% 69,17,002.49 Total Duty   81,23,456,.41 Duty paid   8,04,303.00 Differential duty payable   73,19,153.41 5. He has drawn our attention to the orders granting provisional release dated 12th January 2026 in which a differential duty has been calculated at Rs. 1,18,18,248/-. Mr. Shah has submitted that the Petitioner has paid Rs. 8,04,303/- being a part of the duty and a part of differential duty payable of Rs. 73,19,153.41/- ....